The Politics of Rights: Lawyers, Public Policy, and Political Change / Edition 2

The Politics of Rights: Lawyers, Public Policy, and Political Change / Edition 2

by Stuart A. Scheingold
Pub. Date:
University of Michigan Press
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The Politics of Rights: Lawyers, Public Policy, and Political Change / Edition 2

Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies.

"Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion."
-Gerald N. Rosenberg, University of Chicago

"This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic."
-Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword

Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Product Details

ISBN-13: 9780472030057
Publisher: University of Michigan Press
Publication date: 04/13/2004
Edition description: 2nd Edition
Pages: 280
Sales rank: 783,767
Product dimensions: 5.25(w) x 8.00(h) x 0.70(d)

Table of Contents

Preface to the Second Editionxvii
Preface to the First Editionxlix
1.Legal Rights and Political Action3
The Myth of Rights5
The Politics of Rights6
Part 1The Myth of Rights
2.Law as Ideology: An Introduction to the Myth of Rights13
Legal Symbols and Political Legitimacy15
Legal Values and Political Values18
In Search of the Myth of Rights21
3.An Ideologist's Eye View of the Myth of Rights23
The Constitution24
Judges, Courts, and Legal Reasoning28
Constitutional Politics33
4.The Call of the Law: The Myth of Rights as Political Rhetoric39
The Rhetoric of Rights: An Allegory41
The Virtue of Realism46
The Virtue of Convenience49
The Virtue of Morality53
5.The Political Resonance of the Myth of Rights62
Rights, Rules, and Legal Institutions63
Cleavage and Conflict71
Part 2The Politics of Rights
6.Rights as Resources83
The Political Status of Legal Rights: The Myth Reconsidered84
The Politics of Rights90
Litigation and Political Change95
7.Constitutional Values and Political Goals97
Liberal-Capitalist Directions98
Incremental Tempos107
The Intrusive Logic of Legal Form110
8.The Implementation of Public Policy117
Legal Procedures and Judicial Preference118
The Compliance Calculation123
9.Legal Rights and Political Mobilization131
Political Activation132
Political Organization138
Political Realignment143
Part 3The Strategists of Rights
10.Legal Education and Professional Socialization: The Myth of Rights Revisited151
Legal Analysis153
The Narrowing Vision158
Professional Responsibility162
11.The Activist Bar: Programs and Prospects170
The Range of Activist Programs172
The Prospects of the Activist Bar185
12.The Political Relevance of Legal Rights203
Mobilization and Pluralism in the American Political Arena205
Legal Rights and Political Mobilization209
The Practical and Ethical Advantages of Legal Tactics of Mobilization213

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